(a) (1) A state agency may request that a salary administration grid be approved for specific classifications or positions if the:

(A) State agency has documented the need for a salary administration grid for specified positions or classifications;

(B) Terms and conditions of a grid proposed by the state agency address the needs of the targeted positions;

(C) Cost of implementing and maintaining a salary administration grid is within the state agency's existing appropriation and the implementation does not use funds specifically set aside for other programs within the state agency;

(D) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Chief Fiscal Officer of the State up to the midpoint pay level; and

(E)

(i) Salary administration grid has been submitted to the Office of Personnel Management for approval by the Chief Fiscal Officer of the State above the midpoint pay level.

(ii) The Chief Fiscal Officer of the State shall not approve the salary administration grid in this subdivision (a)(1)(E) until the salary administration grid has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(2)

(A) Special salary rates may be authorized up to the maximum pay level authorized for the grade assigned for specific classifications only.

(B) An approved salary administration grid shall be used for establishing a starting salary for an employee in an individual position.

(C) A person hired above the entry pay level shall meet or exceed the minimum qualifications for the job classification.

(D) Subsequent salary determinations within a salary administration grid shall be based on the employee's qualifications, relevant competitive compensation rates, professional or education achievements, and internal equity within the state agency.

(E) A plan of implementation and salary progression shall be approved by the Office of Personnel Management on a biennial basis.

(3) An approved grid may be amended only upon approval by the Office of Personnel Management after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(4) Compensation differentials that are included in a state agency's grid plan shall not exceed rates provided in § 21-5-221.

(b)

(1) A monthly report shall be made to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, describing all personnel transactions involving applications of this section.

(2) The hiring of a new employee under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency.

(3) The Office of Personnel Management shall establish policies and procedures regarding the implementation and use of a salary administration grid with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(c) The salary administration grids created under this section shall be reauthorized each biennium by the State Personnel Administrator after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.